Parental Relocation with a Child in Florida

Florida law defines and parental relocation with a minor child Florida Statutes 61.13001

When a parent in Florida wants to move 50 miles or more from their current residence for at least 60 days or more consecutively, they must petition the courts for permission. Modifying the terms of time-sharing from the last order that established time sharing or from the time of filing pending actions to establish or modifying time sharing always requires permission from the courts. If you need immediate assistance filing a petition to relocate with a minor child or if you have been served with a petition to relocate with a a child, please contact Pasco County Florida Child Custody Attorney, Wendy Doyle-Palumbo at 727-824-5727.

There are many reasons why you may wish to relocate with a child but they must be reasons of good faith. The courts are to look to the best interest of the child and the parent or other person who is seeking relocation. Career opportunities, educational opportunity and financial reasons are valid reasons to want to relocate with your children. The burden of proof, however is upon the parent wishing to relocate and if met, the parent who objects must also prove that it is not in the best interest of the child.

RELOCATION BY AGREEMENT

Even if you and the other parent or person agrees to parental relocation with your child or children, it is wise to proceed with caution. Hiring a Pasco County, Florida time sharing and child custody attorney who can draw up a contract in accordance with Florida Law and ask the courts to grant relocation without a hearing is the best option whenever possible. Remember, when it comes to child custody and timesharing, it is crucial that you comply with Florida parental relocation law which states:

If the parents and every other person entitled to access to or time-sharing with the child agree to the relocation of the child, they may satisfy the requirements of this section by signing a written agreement that:

1. Reflects consent to the relocation;

2. Defines an access or time-sharing schedule for the nonrelocating parent and any other persons who are entitled to access or time-sharing; and

3. Describes, if necessary, any transportation arrangements related to access or time-sharing.

(b) If there is an existing cause of action, judgment, or decree of record pertaining to the child’s residence or a time-sharing schedule, the parties shall seek ratification of the agreement by court order without the necessity of an evidentiary hearing unless a hearing is requested, in writing, by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, it shall be presumed that the relocation is in the best interest of the child and the court may ratify the agreement without an evidentiary hearing.

Objecting to a Petition to Relocate with a Child in Pasco County, Florida

If you have been served with a petition to relocate with a child and you believe it is not in the best interest of the children, it is in YOUR best interest to consult with a custody attorney in Pasco County as soon as possible. Family Law and Trial Attorney Wendy Doyle-Palumbo has extensive experience in handling parental relocation and custody cases in Pasco County Florida. When determining whether to grant a petition to relocate, the Judge will take a number of things into consideration:

Is the reason for petitioning the courts for relocation in good faith?

The courts will look at the quality, extent of involvement, and duration of the child’s relationship with the parent or other person proposing to relocate with the child and with the nonrelocating parent, other persons, siblings, half-siblings, and other significant persons in the child’s life.

The age and developmental stage of the child, the needs of the child, and the likely impact the relocation will have on the child’s physical, educational, and emotional development, taking into consideration any special needs of the child.

The feasibility of preserving the relationship between the nonrelocating parent or other person and the child through substitute arrangements that take into consideration the logistics of contact, access, and time-sharing (Source, http://www.leg.state.fl.us)

A history of substance abuse or domestic violence as defined in s. 741.28 or which meets the criteria of s. 39.806(1)(d) by either parent, including a consideration of the severity of such conduct and the failure or success of any attempts at rehabilitation.

Any other factors affecting the best interest of the child or as set forth in Florida Statutes 61.13.

If you wish to relocate with a child after a final order has been entered that established time sharing and custody, it will be beneficial to consult with a family law attorney who can help you to present the facts to the courts. Relocation matters can be highly contentious and emotional but the courts will look to facts and information proving that it is in your best interest to relocate. If you are objecting to a petition to relocate, the burden of proof is also on you to prove that it is not in the best interest of the children. These matters can be a difficult at best to navigate without legal counsel.

Wendy Doyle-Palumbo represents clients who need an experienced child custody lawyer. If you need to representation in a parental relocation attorney in Trinity, New Port Richey, Hudson, Spring Hill, Brooksville and in Citrus County, Florida. Call today for a free initial consultation: 727-824-5727 or contact us via email for more information.